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(영문) 창원지방법원 2014.09.25 2014노1653
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant does not repeat again in the future, the punishment imposed by the court below (4 months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even though the Defendant was sentenced to a fine on August 12, 201 when he was released on August 14, 201 and was sentenced to a repeated crime on November 2013 when he was sentenced to a punishment on several occasions due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (eight times a fine) in the past. In particular, in light of the Defendant’s aforementioned past records, it is difficult to expect the effect of recidivism prevention on the Defendant’s environment, Defendant’s personality and behavior, the circumstances and result of the instant crime, etc., and the circumstances of the Defendant’s oral proceeding cannot be considered to be unfair, given that the Defendant was sentenced to a fine even after he was sentenced to a repeated crime after the expiration of the parole period on October 14, 2011.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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